Family wants $250K for bad college letter

Son of school board member says counselor clipped college dreams

The San Diego school district is facing a legal challenge over a counselor’s “willfully damaging” college evaluation letter for a son of school board Vice President Marne Foster.

A claim filed in the case alleges that the letter resulted in lost financial aid and rejections from top universities. The school district denied a $250,000 payment request in May — about two weeks after the claim was filed by the student’s father, John Marsh, who is not married to Foster.

Marsh has until the end of October to file a lawsuit.

The dispute could be an example of aggressive parents who will stop at nothing to protect their children’s futures. Or it might reflect deep divisions among some educators who have been resistant to Foster’s heavy involvement in southeastern San Diego's schools.

The complaint accuses the head counselor at the School of Creative and Performing Arts of submitting the Universal College Application, known as the Common App, and an evaluation of the student that was “inaccurate, willfully damaging, unprofessional and ultimately violated (the student’s) civil rights and (San Diego Unified) standards.”

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Most colleges in the country use the Common App for their admissions and financial-aid assessments. Foster reportedly requested a copy of the confidential evaluation after learning that her son’s longtime counselor was excluded from writing the assessment.

Because of her connections to both sides of the dispute, Foster declined to discuss the matter.

“I’m not a party to that claim. As a district official, I can’t comment on it,” she said. “What I can say is that my focus as a trustee is to make sure that policy and procedures are in place to protect all children and to ensure their success.”

In response to a request from U-T San Diego, San Diego Unified released the claim and the district’s rejection letter. The claimant’s name was redacted — along with other information — on the grounds that it would violate the student’s privacy. The names of district employees accused of wrongdoing were included in the documents.

U-T San Diego confirmed Marsh is the claimant and asked Foster how to contact him. Marsh later sent an email statement and declined to be interviewed.

“My son has been severely and unjustly harmed and I will continue to protect him,” he said in the statement. “Marne Foster’s position on the board is temporary and my role as his father is permanent, and I will act in the best interest of my son and NOT the school board or his mother’s political career.”

According to Marsh’s claim against San Diego Unified, the assessment of his son was “extremely negative and imbalanced” and provided “no opportunity for positive consideration by sending an overall recommendation that states ‘no basis,’ to recommend (college acceptance), the lowest and most unfavorable mark.” The complaint states that the negative recommendation was made without any input from teachers, counselors or community mentors.

In a brief telephone interview, the head counselor, Kim Abagat, said she was unaware of the claim and declined to comment on the situation. San Diego Unified officials - including Superintendent Cindy Marten - also declined to discuss the case since it may lead to litigation.